Exemption

108. Portable pipe reactor
facilities used to process liquid fertilizer that operate according
to the following conditions:

(a) Before construction begins, the facility shall be
registered with the Texas Natural Resource Conservation Commission
Office of Air Quality in Austin using Form PI-7.

(b) All valves, piping, flanges, hoses, and disconnects must
be free of leaks.

(c) Opacity from any process vent shall not exceed 20% except
for those periods of start-up described in 30 TAC Section
111.111(a)(1)(E).

(d) Emissions from the facility shall not cause or contribute
to a condition of air pollution as defined in the Texas Health and
Safety Code, Section 382.003(3).

(e) Operating schedule must not exceed 72 hours within a
four-month period.

109. Any facility where animals or
poultry are slaughtered and prepared for human consumption provided
that waste products such as blood, offal, and feathers are stored
in such a manner as to prevent the creation of a nuisance condition
and these waste products are removed from the premises daily or
stored under refrigeration until removed. In addition, areas used
to hold animals or poultry for slaughter shall be kept dry and
clean to control odors.

111. A facility which replaces an
existing facility provided that the following conditions are
satisfied:

(a) The replacement facility functions in the same or similar
manner as the facility to be replaced.

(b) The emissions from the replacement facility are not more
than nor have different characteristics than those from the
facility to be replaced.

(c) The emissions from the replacement facility will not
exceed 25 tons per year of any air contaminant.

(d) The physical location of the replacement facility is the
same or immediately adjacent to the facility being replaced.

(e) There will be no increase in capacity, production rate, or
throughput as a result of the replacement.

(f) Notwithstanding the provisions of (c) above, the emissions
from the replacement facility will not contain any compounds (other
than carbon monoxide, nitrogen oxide, or sulfur dioxide) listed or
proposed to be listed as hazardous constitutents in 40 Code of
Federal Regulations 261, Appendix VIII.

(g) Notification of the replacement is provided to the
Executive Director within 10 days following installation of the
replacement facility.

112. Railcar or truck unloading of
wet sand, gravel, aggregate, coal, lignite, and scrap iron or scrap
steel (but not including metal ores, metal oxides, battery parts,
or fine dry materials) into trucks or other railcars for
transportation to other locations, provided the following
conditions are met:

(a) Bulk materials shall not be stored on-site.

(b) Water sprays or the equivalent must be installed and used
as necessary at material handling operations to achieve maximum
control of dust emissions.

(c) All permanent in-plant roads and vehicle work areas shall
be watered, treated with dust-suppressant chemicals, oiled, or
paved and cleaned as necessary to achieve maximum control of dust
emissions.

113. Facilities using thermoset
resins (excluding resins that do not emit air contaminants) to
manufacture or repair products, provided that the following
conditions are satisfied for (a) and either (b) or (c):

(a) The following requirements shall apply to all thermoset
resin facilities:

Before construction begins, the
facility must be registered with the commission using Form
PI-7.

Records of resin and acetone usage
shall be kept on a monthly and calendar year-to-date basis to show
compliance with this exemption, and shall be maintained for the
most recent 24 months.

All resin spraying and cleaning
operations shall be conducted between two hours before sunrise and
two hours after sunset. The exhaust fan(s) must be operating during
and for at least 30 minutes after any usage of resin and/or
cleaning solvents.

All solid trim grinding operations
shall be vented through a dry filter system or a water wash system
which has a particulate removal efficiency of at least 95%.
Particulates trapped in the dry filter system or water wash sludge
shall be handled and stored in a way to minimize the escape of
fugitive dust emissions.

No more than five tons of acetone
shall be used per year (gross usage minus waste disposal).

(b) The following requirements shall apply to facilities that
have spraying operations (the facilities may include non-spraying
operations):

(1) No more than 75 tons of resin and gelcoat combined shall
be used per year (gross usage minus waste disposal).

(2) All resin spraying operations shall be conducted in a
booth or an enclosed work area and the emissions shall be exhausted
through elevated stack(s). All stacks shall discharge vertically to
the atmosphere with no restrictions or obstructions to flow. Each
stack shall meet one of the following minimum requirements:

(A) a flow rate of 20,000 actual cubic feet per minute (acfm)
and the greater of six feet above the peak of the manufacturing
building or 25 feet above ground level; or

(B) a flow rate of 15,000 acfm and the greater of six feet
above the peak of the manufacturing building or 30 feet above
ground level.

(3) No more than 1,000 pounds per year of resin shall be used
outdoors.

(4) If annual resin usage is less than 1,000 pounds, a
facility is exempt from all requirements of this exemption except
recordkeeping (see 113(a)(2)).

(c) The following requirements shall apply only to
non-spraying operations:

(1) No more than 150 tons of resin and gelcoat combined shall
be used per year (gross usage minus waste disposal).

(2) All resin operations shall be conducted in a booth or an
enclosed work area or the manufacturing building and the emissions
shall be exhausted through elevated stack(s). All stacks shall
discharge vertically to the atmosphere with no restrictions or
obstructions to flow. Each stack shall meet one of the following
minimum requirements:

(A) a flow rate of 20,000 acfm and the greater of six feet
above the peak of the manufacturing building or 25 feet above
ground level; or

(B) a flow rate of 15,000 acfm and the greater of six feet
above the peak of the manufacturing building or 30 feet above
ground level.

(3) No more than 3,000 pounds per year of resin shall be used
outdoors.

(4) If annual resin usage is less than 3,000 pounds, a
facility is exempt from all requirements of this exemption except
recordkeeping (see 113 (a)(2)).

114. Any sand and gravel production
facility that obtains its material from deposits of sand and gravel
consisting of natural disintegration of rock and stone, provided
that the following conditions are satisfied:

(a) Crushing or breaking operations are not used.

(b) No blasting is conducted to obtain the material.

(c) Water sprays are installed on the plant at all screens and
transfer points and used as necessary to achieve maximum control of
dust emissions.

(d) The area where the sand and gravel is obtained shall be
sprinkled with water as necessary to achieve maximum control of
dust emissions before the material is removed and transported for
processing.

(e) All in-plant roads shall be paved and cleaned or sprinkled
with water and/or chemicals as necessary to achieve maximum control
of dust emissions.

(f) The plant is located at least 1/4 mile from any
recreational area or residence or other structure not occupied or
used solely by the owner of the facility or the owner of the
property upon which the facility is located.

(g) The production rate is 50 tons per hour or less.

115. Modifications, additions, or
relocations of equipment (excluding add-on controls) used for
semiconductor manufacturing operations that result in the addition,
increase, or substitution of an air contaminant provided the
following conditions are satisfied:

(a) The following is a list of definitions for this exemption.

Permitted air contaminants - The individual chemical compounds
represented in the latest permit or permit amendment application
approved by the executive director.

Ground Level Contaminant (GLC1)(max) new - The
maximum hourly off-property GLC resulting from the new emission
rate of air contaminant 1.

GLC1(receptor) new - The maximum hourly
off-property GLC at the sensitive receptor with the highest
possible impacts resulting from the new emission rate of air
contaminant 1.

GLC2(max) - The maximum hourly off-property GLC
resulting from the emission rate of air contaminant 2.

GLC2(receptor) - The maximum hourly off-property
GLC at the sensitive receptor with the highest possible impacts
resulting from the emission rate of air contaminant 2.

ESL2 - The 30-minute ESL published in the TNRCC ESL
list dated April 10, 1995, for air contaminant 2.

(b) New emissions or an emission increase of any air
contaminant less than 0.04 pounds per hour (sitewide) are exempt
from all conditions of this exemption except (c), (k), and (l).

(c) A permit has been issued by the TNRCC for at least one
emission source owned by the person using this exemption on the
same property for which this exemption is being claimed.

(d) The facility's baseline GLCs of the permitted air
contaminants have been determined using air dispersion modeling or
other methods.

(e) New emission points are not authorized by this exemption.

(f) There will be no change in method of control for any air
contaminants as represented in the latest permit or permit
amendment application approved by the executive director.

(g) Increases of a permitted air contaminant shall meet all of
the following criteria:

(1) GLC1(max)new < = 2ESL1;

(2) GLC1(receptor)new < = ESL1.

(h) Additions of a non-permitted air contaminant,
substitutions of a non-permitted air contaminant for a permitted
air contaminant, and substitutions of one permitted air contaminant
for another permitted air contaminant shall meet all of the
following criteria:

(1) GLC2(max) new < = 2ESL2;

(2) GLC2(receptor) new < = ESL2.

(i) If the commission ESL list dated April 10, 1995, does not
include the air contaminant to be added or substituted, the
permittee must use an ESL derived by the TNRCC Toxicology and Risk
Assessment Division. The ESL shall be obtained in writing prior to
the use of the new substance.

(j) The cumulative net annual emission increases of the
following categories of air contaminants from multiple uses of this
exemption shall not exceed the following values:

(l) Within 30 days of use of this exemption, the permittee
shall maintain documentation that demonstrates all applicable
conditions of this exemption were satisfied. The documentation
shall be made available to the commission upon request.